Where two sheriff’s deputies testified identically that appellant punched one of them in the face three times, appellant is not entitled to reversal of his assault and battery conviction on the basis that the deputies’ testimony conflicted regarding some of ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

Where the appellant possessed items taken from two homes after the doors were kicked in, the trial court could infer that he committed the breaking and entering of each home. Further, the court was free to disbelieve appellant’s explanation that ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

Where appellant was previously convicted of possession with intent to distribute imitation cocaine, that conviction qualifies as a predicate offense, which triggers statutory enhanced sentencing penalties for his current conviction for possession with the intent to distribute heroin and fentanyl, ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

The Virginia Workers’ Compensation Commission correctly determined that claimant had a pre-existing condition that affected her ability to use her hip. Further, the commission correctly determined that although her treating physician opined that she had a 50 percent disability, she ...

Tagged with: Judge Robert P. Frank Virginia Court of Appeals Workers' Compensation

Where appellant claims the prosecutor violated his speedy trial rights by vindictively dismissing the charges and reindicting him, the record establishes that the prosecutor dismissed and reindicted due to conflicts in the trial court’s schedule. Overview On Oct. 1, 2018, ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

Where appellant was convicted of one count of possessing child pornography and 99 counts of possessing child pornography as a second or subsequent offense, there was sufficient evidence that he knowingly possessed the images that the police found on three ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

Although the trial court erred when it ruled that it lacked jurisdiction to hear appellant’s emergency motion to reconsider his sentence, his appeal is moot because he has fully served his sentence. Moot appeal The trial court stated that it ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

The court denies a petition for a writ of actual innocence because it was based on evidence available to petitioner before his conviction became final in the circuit court. Background On July 27, 2010, petitioner Johnson pleaded guilty to bank ...

Tagged with: Criminal Judge Mary Bennett Malveaux Judge Mary Grace O'Brien Judge Robert P. Frank Virginia Court of Appeals

Where appellant was convicted in two different counties for felony eluding, there was no double jeopardy violation. Even though the convictions arose from the same incident, the motorists endangered were not the same in the two counties. Background In Chesterfield ...

Tagged with: Criminal Judge Glen A. Huff Judge Robert P. Frank Virginia Court of Appeals

Even though the police discovered documents and court papers bearing appellant’s name in an apartment bedroom, there was insufficient evidence that appellant constructively possessed marijuana and Xanax that was also found in the bedroom. His possession with intent to distribute ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals